Certainly, the benefits of mediation are undeniable. The process is way less costly than a litigated divorce and cost-effective. It can help you come up with a solution to any family law problem, be it divorce, child custody, alimony, etc. Mediation also ensures the process gets over smoothly without putting pressure on either party.
Nevertheless, not one size fits all. Even though mediation is an excellent option for many couples, there are situations where it may only be a waste of time. Some circumstances can make mediation a bad choice, and it is important to know what they are. If you are confused, a Divorce Lawyer Ottawa can help you choose the best-suited divorce process for your case.
When is mediation a bad idea?
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You do not share common goals with your spouse.
Mediation only works when there is cooperation and agreement among the parties. You may have minor differences of opinion, but your ultimate goal should be the same. For example, if both parties want to establish an effective co-parenting plan for the best interests of the children in a child custody case, mediation can do wonders. If you and your spouse have different goals, choosing mediation is only a waste of time, effort, and money.
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You have a marriage that involves abuse or domestic violence.
The main element of an abusive relationship is an imbalance of power. The abuser tries to exert control and power over the victim via physical as well as emotional abuse. If you are leaving an abusive marriage, it is recommended that you do not opt for mediation. In mediation, there should be a balance of power and cooperation needed for the process to succeed.
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Your spouse does not want a divorce.
Mediation only works when both parties agree on the divorce and want to work on its elements, such as alimony, child custody, etc. If your spouse does not want a divorce in the first place, there is no point in bringing a third party to convince them. You cannot force a person for a divorce until you legally take action. If it is a contested divorce, you have no choice but to head towards the courtroom.
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Your spouse is hiding assets.
Mediation only works when both the parties are honest and genuinely want the process to get over quickly. In order to negotiate the division of assets, your spouse needs to be transparent about the assets they own. If you believe your spouse is hiding properties, investments, or debts, mediation is a waste of time. If this happens to you, you need to contact an attorney right away and take appropriate legal action.